Former Muldrow student wins lawsuit, but appeal puts judgment on hold

For George Christopher Brown, a former student at Muldrow who was bullied, it’s been a case of hurry up and wait.

It’s been seven years since Brown, then a senior at Muldrow High School, endured bullying by a classmate while a teacher who knew what was occurring did nothing to stop an assault.

It took five and a half years for the lawsuit he filed to come to tri- al, where a 12-person jury determined he had been bullied and awarded him more than $300,000 in damages.

It’s now been 17 months since that April 29, 2022, verdict in Sequoyah County District Court, and Brown is still waiting to receive the amount to which he is entitled.

And he will continue to wait. Attorneys for the school district have filed an appeal with the Oklahoma Supreme Court, citing 15 issues to be raised, in an attempt to overturn the judgment.

So Brown must wait even longer as the wheels of justice turn slowly.

No date has been set for the appeal to be heard by the Supreme Court.

Brown sued Muldrow Public Schools and teacher Julie Boshers, as an individual, regarding a bullying incident in September 2016.

The jury found for Brown, and awarded damages of $312,600. The jury also apportioned contributory negligence to the school district (56.66%), Julie Boshers (30%), her son Brooks Boshers (7.5%) and Brown (5.84%). The court then reduced the award by the comparative negligence percentage, resulting in a verdict amount against the school district of $177,119.16. Julie Boshers settled out of court, and was not assigned a remittance based on the percentage.

But, pursuant to the Oklahoma Governmental Tort Claim Act, Oklahoma Statutes, Title 51, §151, the award was capped at $125,000. The judge then allowed an additional $16,061.74 for plaintiff ’s costs and expert witness fees, for a total amount of $141,061.74.

Following the April 2022 verdict, however, attorneys for the school district — Frederick J. Hegenbart and Adam S. Breipohl of Rosenstein, Fist & Ringgold in Tulsa — served notice of their intent to appeal. Brown is represented by Roland attorneys Jeffrey L. Edwards and Lynn Manning Flynn of Flynn, Edwards & O’Neal.

According to local news reports and a summary of the case submitted to the appellate court, Brown and his parents reported to school officials that he had been bullied by Brooks Boshers, but the school took no action to stop the behavior, which included “severe, pervasive and abusive harassment, bullying, isolation, criticism, mocking and physical assault.”

After reporting the bullying that began in August 2016, Brown, then a senior, said he was physically assaulted at school on multiple occasions, and that the continued bullying and harassment caused him to become depressed, and experience severe anxiety and stress. Brown was also diagnosed with medical disorders directly related to the bullying he experienced.

The bullying climaxed on Sept. 29, 2016, when Brooks Boshers assaulted Brown while Julie Boshers, who was the teacher on duty, knew of her son’s intentions but did nothing to prevent or stop the assault and never attempted to help or render assistance to Brown, who is now 24.

In their final encounter, the two students exchanged words, and Brooks Boshers “sucker punched” Brown, then flipped Brown over his back, violently throwing him to the concrete floor. Brooks Boshers then repeatedly beat Brown about his head and torso, causing “severe and permanent mental and emotional injuries, emotional distress, and mental and physical pain.” When Brooks Boshers flipped Brown over his back, it was photographed and used as an exhibit in the April 2022 trial.